Complete Works. Hamilton AlexanderЧитать онлайн книгу.
According to others when there is a firm possession which consists in the land being enclosed by fortifications.
Vatel B 3 C 14 P 83 § 204
Postliminum is "that right in virtue of which persons and things taken by the enemy are restored to their former state when coming again under the power of the nation to which they belonged."
Burl: Vol 2 P 583 § 7 I Grotius B "3d3 C 20 § 15 P 699 Barbeyrars note thereupon Vatel B 4 Ch 2 § 18 19 20 & 21 P. 120 & 121
Every treaty of Peace includes an Amnesty Express or virtual
Vide Proceedings of Con. P. 12
The Convention of New York does not pretend to give validity to the act of Independence but merely to approve it.
Article 30 p. 26
The United States are known in the Constitution.
Vide Article 9th.
Congress by the Confederation reserve exclusively all the powers of War peace & Treaty
Vatel B 2 C 7 § 81 Page 147
The property of all the Individuals of a State is the property of the State itself in regard to other Nations. This is what is called the right of Eminent domain.
Elements of Jurisprudence p. 62 Vatel B 3 C 12 p. 76 para: 3
In theory one nation has no right to alter the general law of nations.
-----------------------
RULES OF CONSTRUCTION OF STATUTES
4 Coke Rep. P. 13a B ditto page 118 a & b
A Statute against Law and reason especially if a private Statute is void.
10 Mod. 245 Bacon Title Statute 648
Statutes are to be construed by the rules of the common law.
Venir Title Maximo Letter pa. 351 fol 1 4 Rep. 71 Raymond 7 Coke Lyttleton 49 B 1: C 59
And if against the general policy of the common law are to be qualified . . . and controuled by it.
Reports Lib 4 P 71 avenir Title Statutes p 514 fol 27. 30. 31 Idem 524 par 119 Idem 527 par 145 Idem 528 par 154 & 156 1 Showers par 455
Especially if the provisions are general in which case construction may be made against the letter of the Statute to render it agreeable to natural justice.
Domat Vol. 1 P. 7 § 2 Puff B 5 C 12 fol 61
Many things within the letter of a Statute are not within its equity and vice versa.
Laws giving remedy where there was none before are to be construed strictly.
Bacon Title Statute fol 653 No. 92
No Statute shall be construed so as to be inconvenient or against reason.
Plowder 466 & 467
Statutes to be construed according to the Intention of the Legislature, which intention is to be ascertained by supposing the framers of the law wise and honest and well acquainted with all the merits of the case to be determined upon, and under this supposition asking ourselves what could be the intention of wise, honest and well informed men in this particular case?
vide Examples from P. 16 to Page 18.
Celebrated instance of law of Bologna NO INTERPRETATOR
Statute Gloucester bishops Norwich all Bishops Bonhame Case 8th Coke several strong examples in which Statutes have been adjudged void.
STATUTE OF FRAUDS executory Contracts.
STATUTE de donis Fine ipsa jure nullus: Discontinuances
STATUTES of bankruptcy: All persons in autre droit excepted: contrary to words of the Statute James I, as D. H. acknowledges.
STATUTE OF GLOUCESTER alienation by father unless by sons &
DAMAGES dissuse Out of Entry: person found tenant
Construed not to extend to tenant by act of another or of law.
STATUTE MUST have several exceptions.
'INVOLUNTARY trespass
American Officer in Quarters!
American Vessels Captured at Sea in hands of Neutrals Condemnation makes no diff
General Howe, Clinton otherwise state of War continues.
Objection
Where Stop but where laws of Nations stop us.
This would render act Nugatory
Ans: No objection if it did.
But 'twould not.
Court here need only pay BRITISH subjects not included
Might still operate against our own citizens
Act would still answer several purposes
To give Remedy against
Assignees of Deserters
For EXECUTORS for injuries to real property
AGAINST EXECUTORS for Inj. both to real & personal.
IMAGINATION must influence
Note law respecting taking oath of allegiance to commence a suit.
Charter of New York holds pleas real, personal & mixed as fully as any Court of record of G. B. or Colony of New York
Never construed to extend to granting New trials, etc.
CONSTITUTION every male Inhabitant
IN LAW as in Religion, Letters &c.
CERTAINTY of the act in vain contended for --
Phrase "Military order" vague --
Not passport safe Conduct parole
Permission to occupy
Our justification is public enemy hiring house for value Conf.
But the greater implies the less
--
This is reasoning by Equity
We claim benefit of posterior law
FIDES etc.
Jacob Law Dictionary Title 'Inhabitant' 6 Reports 60 a Latches Reports P 13 Miller v Dovey Stiles 65 Smith v. Stow Dyer 66 b
The word Inhabitant means
Nothing can be a Trespass which is involuntary
Cok Rep Book 2 Lefford's Case p. 51 Bacons Ab.Title R: Letter L P. 367
By several authorities the Assignees of Dessertors could not maintain an action of trespass.
Nor Executors nor heirs for injuries to real property.
